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The draft Bill, published as a consultation paper (Cm 6194, ISBN 0101619421) in May 2004, contains the Government's proposals for changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. Its two key provisions are the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission (LSC); and the re-introduction of a means test for criminal cases. The Committee's report finds that the increase in CDS spending in recent years is unsustainable, and states its support for the underlying aim of the draft Bill to improve management control and consistency in the legal aid system and to focus resources on those that need help most. However, it highlights a number of areas where more work is required before the proposals can be finalised, including the need to ensure the measures comply with the UK's obligations under the European Convention on Human Rights, as well as the costs and practical difficulties of means testing and in transferring the grant to the LSC.
This consultation paper sets out the Government's proposals for a draft Bill to implement changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. The main provisions of the draft Bill relate to two measures: the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission; and the re-introduction of a means test for criminal cases. The aim of the Bill is to ensure that the taxpayer gets best value for money from the CDS and to improve management control and consistency in the legal aid system and the way in which the fund is spent. The re-introduction of the means test seeks to focus resources on those that need help most. Responses should be received by 6 August 2004.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This Command Paper brings together the Draft Legal Services Bill, explanatory notes and Regulatory Impact Assessment. The Bill sets out its' objective to establish the Legal Services Board and its various functions. The Bill itself contains 159 clauses and 15 schedules. The parts of the Bill can be set out as follows: Part 1: The Regulatory Objectives, sets out 7 regulatory objectives of the regulators, which guides the Legal Services Board; Part 2: The Legal Services Board, sets out the structure and functions of the Board; Part 3: Reserved Legal Activities, lists and defines the reserved legal activities, and explains who is entitled to carry out these activities, and the penalties for those not entitled; Part 4: Regulation of Approved Regulators, sets out the general duties of approved regulators, and the powers that the Board has to ensure that these are being carried out; Part 5: Alternative Business Structures, makes provision for new business structures in legal services; Part 6: Legal Complaints, establishes an independent complaints handling body called the Office for Legal Complaints (OLC); Part 7: Financial Provisions, sets out arrangements for the funding of both the Board and the Office for Legal Complaints; Part 7: Miscellaneous and General Provisions makes provision for any guidance to be produced by the Board, and allows the Board to enter into voluntary arrangements. The Regulatory Impact Assessment (RIA) sets out the rationale for reform of the regulation of legal services.
This report examines the Government's proposals for radical reform of the Legal Aid system, as set out in the Government's White Paper (Cm. 6993, ISBN 9780101699327) published in November 2006. These proposals follow on from three other documents: i) the Government's long-term strategy for legal aid 'A fairer deal for legal aid' published in July 2005 (Cm 6591, ISBN 9780101659123); ii) the recommendations of the independent review of legal aid procurement undertaken by Lord Carter of Coles (details are available at www.legalaidprocurementreview.gov.uk/publications.htm) published in July 2006; and iii) a consultation paper jointly issued by the Department for Constitutional Affairs and the Legal Services Commission (details available at www.dca.gov.uk/consult/legal-aidsf/sustainable-future.htm) published in July 2006. The Government plans to change the basis on which Legal Aid is to be procured by introducing a transitional system of fixed and graduated fees for cases (rather than payment on an hourly basis as is the practice now in many areas of legal aid work) as a way of preparing for full competitive tendering for Legal Aid contracts by solicitors. Overall, the Committee finds that while it supports the fundamental aims of the reforms and recognises that there is an urgent necessity to limit Legal Aid expenditure, the Government has introduced these plans too quickly, in too rigid a way and with insufficient evidence.
Annual report For 2004 : First report of session 2004-05, report, together with appendices and formal Minutes
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Massachusetts Criminal Practice Abridged Clinical--Student Edition is written by Eric Blumenson, Professor of Law at Suffolk University Law School.